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NOV -19 -1994 14:57 FROM SWEENEY BORER & OSTROW TO LITTLE CANADA P.02/03 <br />Thomas M. Sweeney <br />George F. Sorer <br />Paul T. Ostrow <br />PenickJ. Sweeney <br />Makk R. Azman <br />VTA FACSIMILE <br />Sweeney, Borer & Ostrow <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota. 55102 <br />November 18, 1994 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Ret Tax Forfeited Property (MERLA Liability) <br />Our File No. 7751 <br />Dear Soel: <br />Telephone <br />(612) 222.2541 <br />Facsimile <br />(612) 223-6269 <br />As we discussed, Minn. Stat. Sections 1153.01 to 1153.24, <br />also known as the Minnesota Environmental Response and Liability <br />Act, are often referred to as the Minnesota "Superfund" act. <br />Minn. Stat. Section 1153.03, entitled "Responsible person ", <br />provides, in part, as follows: <br />"Subd. 4. Tax - forfeited land. (a) . . . a political <br />subdivision that may be considered an owner of tax - forfeited <br />real property is not a person responsible for a release or <br />threatened release . . . on the property under subdivision <br />3, clause (d). <br />(b) . a political subdivision is not an operator of <br />. . . tax - forfeited land solely as a result of actions taken <br />to manage, sell, or transfer the land in accordance with <br />chapter 282 and other laws applicable to tax - forfeited land. <br />(c) Nothing in this subdivision relieves . . . a political <br />subdivision from liability for causing or significantly <br />contributing to the release of hazardous substance from a <br />facility in or on the land." <br />Thus, it appears under MERLA that the acquisition of <br />tax - forfeited land does not give rise to liability, at least <br />under the present law. This legislation, however, would probably <br />not affect possible liability under CERCLA, the federal <br />counterpart of MERLA, since I an not aware of a specific <br />provision in the federal legislation relating to the acquisition <br />of tax - forfeited land. <br />Page 41 <br />